Ms Arden was on hand at the NSW Farmers’ Association stand at the Australian National Field Days yesterday to speak to farmers with questions about access to their land by mining companies.

Under the NSW Mining Act, an access arrangement or agreement must be negotiated before a mining company can enter someone’s land.

However, Ms Arden said it was very difficult to prevent access because minerals under the ground were owned by the Crown.

“Some people don’t understand that they only own the ground on top, they don’t own the minerals underneath. It can be referred to conciliation. But... it would be rare circumstances for it not to be allowed. Civil disobedience is the only way around it, which is what they’re doing in Moree with coal seam gas mining,” she said.

Ms Arden was one of a number of solicitors who recently attended a two-day forum organised by the NSW Farmers’ Association to educate country legal practitioners on mining access agreements so they could assist farmers.

While some landowners are not concerned, others are seeking legal advice.

“It varies, from people who say they’re happy to have them on to people not wanting them there. If it’s just a lifestyle block people aren’t so worried. I think it has worried some people, especially elderly people. They have people knocking on their doors and they don’t understand,” she said.

Farmers also tend to be concerned, Ms Arden said, because of the potential for problems to occur with people accessing their land.

“For example, if someone leaves a gate open and you can’t guarantee which bull a calf belongs to. In those situations there needs to be really strict rules and compensation if they mess up,” she said.

Access agreements can cover issues including damage to crops, trees and pastures, appropriate controls for any drilling and rehabilitation of land.